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Everything posted by h1b MTR2016

Hi Neha,
There is no processing time for MTR. My H1B was filed under Masters quota. My MTR is pending for almost 5 months. It's still in Initial review status. It's a long wait to get a decision, most likely 3-9 months.

Hi All,
My cap subject H1B was denied this year. A motion to re-open was filed in early August. Since August, there have been no updates from USCIS.
My OPT is valid only till Feb,2017. I'm not even sure how long I can wait for a decision ?My attorneys raised a service request last month. There has been no response from USCIS.
I'm thinking of applying for second masters to maintain F1 status while MTR is being processed. I read online that MTR case becomes void when I exit the country. I'm not keen on a second degree at all since this will involve me enroling in shady universities that offer CPT. I guess there's increased scrutiny these days from USCIS for CPT to H1B case. I have a Masters degree from a top university. I don't want to jeopardize my career by enroling in such universities. But my H1B application was filed through a consulting company for a major client company. If I decide not to enroll in a CPT school, will that not impact my H1B application filed for a client company ? Should I bite the bullet and enrol in a first day CPT type shady school to continue working for the existing client?
Please suggest the best options for me at this stage. Thanks.

I understand your point. What if the client replaces me with someone else in the interim period while my MTR is pending? That is a possibility. I do have the client letter for 2 years. But no client would want anyone to delay the timelines of the project. Even if they do me a break, it would be difficult to tell them when I would get a decision on my case.
Yes, client issued a letter in April for start date of 1st Oct. But the decision didn't go my way. The project is ongoing since January this year. I'm on OPT since.

In your case, were you able to go back to your client after your H-1 approved. What if my client replaces me with someone else in the interim period after my OPT expires and I'm not able to go back when H1 is approved? My employer is saying H1B application was filed for specialty work at the client company. So, you have to continue working there after OPT on CPT.
Also, since my status at the time of filing MTR was F1 OPT , won't USCIS evaluate my application based on my status at the time (OPT) not future (say CPT)? Does USCIS check my status at the time of approving MTR for change of status to H1B? What I have heard from people is CPT to H1B is an issue only if at the time of lottery, someone's status is CPT. There's minimal to no impact on MTR if someone's status at the time of lottery was F1 OPT (E.g.: Mine) but at time of MTR was CPT. If H1B is approved, but change of status is denied, then Cos can be addressed by going for stamping in the home country. I'm not sure how true this is. I'm extremely stressed at this stage! Please advise.

I graduated from a non-STEM program. So, I don't have any options.
My MTR was filed with new evidence. I do believe strongly my case was not adjudicated fairly. I'm hopeful of a positive decision. I just don't know when that will happen. Thanks for clarifying about MTR.
I understand the implications of CPT. I'm concerned because me not working at client side post OPT end date may make USCIS to check with client whether work is available for me(Won't they?). I have submitted exhaustive documentation, including authorized client letter for 2 years of specialty work. Won't USCIS deny my MTR based on me not working at client side anymore post OPT end date(in case they open my file after my OPT ends and calls the client). What if my client says he does not work anymore?
Are you saying not working at client side is better than working CPT, while my MTR is pending ? Won't USCIS say , 'You stopped working at client side after OPT. What's the guarantee you have specialized work for 2 years at that client?' I'm most concerned about this aspect.

I understand the implications. I'm concerned because me not working at client side post OPT end date may make USCIS to check with client whether work is available for me. I have submitted client letter for 2 years. Won't USCIS deny my MTR based on me not working at client side anymore post OPT end date? Are you saying not working is better than continuing to work at client side on CPT ?
I'm most concerned about this aspect.

Wow.. You have been waiting for 1 year? Hope you get a decision in your favor soon. How many times did your attorney/employer raise Service Request ? Can we raise a service request on our own?
I'm keen to get a decision on my case soon. The sooner, the better. My OPT is valid only till Feb 15,2017. I'm not even sure how long I can wait ? I'm thinking of applying for second masters to maintain F1 status while MTR is being processed, if a decision does not come by November 15. Do you think I should enrol in another masters? Does my H1B case get void if I exit the country within 60 days of end of OPT? What's your status?

HI All,
Below are the details of my case
H1B Applied : April 4th 2016
H1B RFE(E-E relationship) : May 10 2016
RFE Response : June 4 2016
H1B Denied(Specialty occupation and E-E relationship) : July 10 2016
MTR Applied( Motion to Reopen and Motion to Reconsider) : August 9 2016
Current Status: 'Case Received'
H1B denial decision is a very very unfair decision for me. I submitted all documents needed including the client letter. My education and prior work experience is in the same field I'm working now . Inspite having all the necessary skills to perform the job,USCIS thinks it's not a specialized role . My employer has submitted exhaustive evidence justifying the same. For MTR, my client manager has clearly mentioned the duration of the project to be alteast 24 months. I'm hoping the MTR and the H1B petition is approved soon.
Anyone else waiting for MTR decision still? Anyone applied for MTR recently..
Can I raise a service request before 90 days? My attorneys told me it's a very arbitrary decision by USCIS. They have not encountered a case like mine where H1B was denied based solely on narrow interpretation of immigration laws/ status not considering exhaustive set of documents submitted.